Tariq (Migration)

This matter concerned an appeal by Tariq against the cancellation of his Student (Temporary) (Class TU) Higher Education Sector (Subclass 573) visa. The applicant had been granted the visa on 29 May 2014. The dispute arose because the applicant was not enrolled in a registered course of study from 29 September 2016 until after the Notice of Intention to Consider Cancellation (NOICC) was issued on 31 July 2017, thereby failing to comply with condition 8202(2)(a) of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the cancellation of the applicant's visa was justified, particularly in light of his claims of financial hardship, family illness, and a perceived threat from his uncle in Pakistan. The Tribunal was required to determine if these circumstances constituted exceptional reasons for non-compliance with the enrolment condition and whether cancelling the visa would breach Australia's international obligations, such as non-refoulement or the best interests of children.

The Tribunal found that the applicant had not complied with condition 8202(2)(a) as he was not enrolled in a registered course for a significant period. While the applicant raised concerns about financial hardship, family illness, and a threat from his uncle regarding a property dispute in Pakistan, the Tribunal placed low weight on these matters. The Tribunal noted that the threat from the uncle was vague, not made directly to the applicant, and the applicant had not experienced direct harm or threats. Crucially, the applicant expressly stated he was not claiming protection and did not want a protection visa. Consequently, the Tribunal concluded there was no real risk of serious or significant harm to the applicant upon return to Pakistan and therefore no breach of international obligations. The Tribunal determined that the circumstances leading to the cancellation of his enrolment were not exceptional.

The Tribunal affirmed the decision to cancel the applicant's Subclass 573 Higher Education Sector visa.